§940a — Title 10 Armed Forces | U.S. Code

Summary

The Secretary of Defense, working with the Secretary of Homeland Security, must create one set of rules for how the military justice system (including the Coast Guard) handles data, manages cases, produces and shares trial records, and gives the public access to dockets and filings at every stage — pretrial, trial, post-trial, and appeals. Those rules should follow federal and state court best practices when possible and make data useful for case decisions and periodic reviews under section 946. Publicly available dockets, filings, and records must hide personal details about minors and crime victims, including sexual assault and domestic violence victims, as much as federal and state electronic systems do. Records that are classified, under a protective order, or sealed must not be public. All court-martial records must be kept for at least 15 years, no matter the outcome.

Title 10, §940a

Armed Forces — Source: USLM XML via OLRC

(a)The Secretary of Defense, in consultation with the Secretary of Homeland Security, shall prescribe uniform standards and criteria for conduct of each of the following functions at all stages of the military justice system (including with respect to the Coast Guard), including pretrial, trial, post-trial, and appellate processes, using, insofar as practicable, the best practices of Federal and State courts:

(1)Collection and analysis of data concerning substantive offenses and procedural matters in a manner that facilitates case management and decision making within the military justice system, and that enhances the quality of periodic reviews under section 946 of this title (article 146).

(2)Case processing and management.

(3)Timely, efficient, and accurate production and distribution of records of trial within the military justice system.

(4)Facilitation of public access to docket information, filings, and records, taking into consideration restrictions appropriate to judicial proceedings and military records.

(b)Records of trial, docket information, filings, and other records made publicly accessible in accordance with the uniform standards and criteria for conduct established by the Secretary under subsection (a) shall restrict access to personally identifiable information of minors and victims of crime (including victims of sexual assault and domestic violence), as practicable to the extent such information is restricted in electronic filing systems of Federal and State courts.

(c)Nothing in this section shall be construed to provide public access to docket information, filings, or records that are classified, subject to a judicial protective order, or ordered sealed.

(d)The standards and criteria prescribed by the Secretary of Defense under subsection (a) shall provide for the preservation of general and special court-martial records, without regard to the outcome of the proceeding concerned, for not fewer than 15 years.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2021—Subsec. (d). Pub. L. 116–283 added subsec. (d). 2019—Pub. L. 116–92 designated existing provisions as subsec. (a), inserted heading, in introductory provisions substituted “The Secretary of Defense, in consultation with the Secretary of Homeland Security,” for “The Secretary of Defense” and inserted “(including with respect to the Coast Guard)” after “military justice system”, in par. (4) inserted “public” before “access to docket information”, and added subsecs. (b) and (c).

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 114–328, div. E, title LXI, § 5504(b), Dec. 23, 2016, 130 Stat. 2961, provided that: “(1) In general.—Not later than 2 years after the date of the enactment of this Act [Dec. 23, 2016], the Secretary of Defense shall carry out section 940a of title 10, United States Code (article 140a of the Uniform Code of Military Justice), as added by subsection (a). “(2) Standards and criteria.—Not later than 4 years after the date of the enactment of this Act, the standards and criteria under section 940a of title 10, United States Code (article 140a of the Uniform Code of Military Justice), as added by subsection (a), shall take effect.” Except as otherwise provided, section effective on Jan. 1, 2019, as designated by the President, with implementing

Regulations

and provisions relating to applicability to various situations, see section 5542 of Pub. L. 114–328 and Ex. Ord. 13825, set out as notes under section 801 of this title. Application of Existing Standards and Criteria to Coast Guard Pub. L. 116–92, div. A, title V, § 534(b), Dec. 20, 2019, 133 Stat. 1362, provided that: “The Secretary of Homeland Security shall apply to the Coast Guard the standards and criteria for conduct established by the Secretary of Defense under section 940a of title 10, United States Code (article 140a of the Uniform Code of Military Justice), as in effect on the day before the date of the enactment of this Act [Dec. 20, 2019], until such time as the Secretary of Defense, in consultation with the Secretary of Homeland Security, prescribes revised standards and criteria for conduct under such section that implement the

Amendments

made by subsection (a) of this section [amending this section].”

§940a Art. 140a. Case Management; Data Collection and Accessibility

Summary

Title 10, §940a

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Regulations

Amendments

Citations & Metadata